Ogar v. City of Haines

OPINION

EASTAUGH, Justice.

I. INTRODUCTION

Did a city’s prior failures to require property owners to remove structures that violated its right-of-way and setback requirements equitably estop the city from requiring the current landowner to remove them? Because the city asserted no “position by conduct or word,” a necessary element for equitable estoppel was absent. We therefore affirm the grant of summary judgment for the city. We also affirm the superior court’s award of attorney’s fees against the landowner.

II. FACTS AND PROCEEDINGS

This appeal concerns claims Phyllis Ogar brought against the…